S02 36C25721Q1462-RFQ-Generator.pdf
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- Solicitation number
- 36C25721Q1462
About this file
This solicitation requests quotes for a supply of a generator-produced radioactive isotope, Rb-82, and associated equipment and supplies. The Department of Veterans Affairs Veterans Health Administration VISN17 is seeking a contractor to provide Rb-82 generators delivered at least every 7-13 times per year, an infusion system, cart lease, patient lines, and other necessary items. The contractor must be licensed by the Nuclear Regulatory Commission and have DOT certification to ship radioactive materials. The contractor will also be responsible for delivery, maintenance and support services for the leased infusion system. Quotes are due by September 22, 2021 and the contract period is from October 1, 2021 to September 30, 2022. Pricing is to be provided for the generators, supplies, equipment lease and delivery costs. The award will be made to the responsible offeror with the most advantageous quote based on an evaluation of technical capability, past performance references, and price reasonableness.
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PAGE 1 OF 1. REQUISITION NO.
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE
TELEPHONE NO. DUNS: DUNS+4:
PHONE: FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 57
36C25721Q1462 09-16-2021
Isela Loveless 210-694-6313 09-22-2021
5:00PM CDT
Department of Veterans Affairs
VISN17 Network Contracting Activity
5441 Babcock Road Ste. 302
San Antonio TX 78240
X
325412
1250 Employees
N/A
X
VA North Texas Health Care System
(NTXVAHCS) Atten: Nuclear Medicine
4500 South Lancaster Rd.
Dallas TX 75216
5441 Babcock Road Ste. 302
San Antonio TX 78240
This is accomplished through the
Tungsten Network located at:
http://www.fsc.va.gov/einvoice.asp
This is mandatory and the sole method for submitting invoices.
(877) 353-9791 (512) 460-5540
See CONTINUATION Page
This is a solicitation for a supply of generator produced
Radioisotope. The contractor shall furnish all equipment, accessories and supplies.
VA COR: Sussie DeMello
Phone: (214) 857-0130
Email: sussie.demello@va.gov
See CONTINUATION Page
X X
Isela P. Loveless
Contracting Officer
36C25721Q1462
Table of Contents
SECTION A
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
B.3 DELIVERY SCHEDULE
SECTION C - CONTRACT CLAUSES
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020)
(DEVIATION)
C.3 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)
C.4 52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES AND
REMEDIES (JAN 2020) (JUL 2020) (DEVIATION)
C.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA
ACQUISITION OF COMMERCIAL ITEMS (APR 2020)
C.6 VAAR 852.212-72 GRAY MARKET AND COUNTERFEIT ITEMS (MAR 2020)
C.7 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND
COMPLIANCE (JUL 2018)
C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
SECTION E - SOLICITATION PROVISIONS
E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS
AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)
E.3 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)
E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—
COMMERCIAL ITEMS (FEB 2021) (JUL 2020) (DEVIATION)
E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)
E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION
(OCT 2018)
E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR:
b. GOVERNMENT: Contracting Officer 36C257
5441 Babcock Road Ste. 302
San Antonio TX 78240
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[] 52.232-36, Payment by Third Party
3. INVOICES: Invoices shall be submitted in arrears:
a. Quarterly []
b. Semi-Annually []
c. Other [X] monthly
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment
Requests.
This is accomplished through the
Tungsten Network located at:
http://www.fsc.va.gov/einvoice.asp
This is mandatory and the sole method for submitting invoices.
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
STATEMENT OF WORK
SCOPE: A supply of Generator Produced Radioisotope is required by VA North Texas Health
Care System (VANTHCS) – Dallas. The Contractor shall furnish all equipment, materials, and supplies necessary for Generator delivery as detailed in the Price Schedule, in accordance with this Statement of Work (SOW), and the terms and conditions of this solicitation.
REQUIREMENTS: Contractor shall provide Generators, infusion system, cart lease, patient lines, as well as any other necessary items for optimal clinical functional for the VANTHCS –
Dallas, TX, in accordance with the SOW.
Delivery of the generator will occur at least every 7-13 times per year for Rb82 Generator. The infusion system and all needed materials/supplies will shipped at the same time to ensure patient care is available.
It is anticipated that a Firm-Fixed Price single award contract shall be made based on comparative analysis. The VA intends to award a contract to a single contractor.
CONTRACTOR RESPONSIBILITIES:
1. Contractor must be licensed by the US Nuclear Regulatory Commission (USNRC), or a
State with a formal Agreement with the USNRC that allows the State to regulate radioactive materials (Licensee) and be regularly established in the business of providing a Rb-82 Generator at the scale and frequency necessary to meet this requirement. The Rb-82 generator must be shipped from the Licensee directly to
VANTHCS.
2. Contractor is responsible for delivery of infusion system with generator cart and infusion system set up, as well as all maintenance and upgrades.
Deliveries will be made to:
VA North Texas HCS (Dallas)
Attn: Nuclear Medicine Service (115)
PET Imaging Center
3rd Floor, Room 3B-672E
4500 S. Lancaster Road
Dallas, TX 75216
3. Included with the infusion system rental agreement is the Preventive Maintenance Plan.
Contract will provide VANTHCS Scheduled Preventive Maintenance and Emergency
Service for the term of the agreement, at minimal disruption to clinical services. After hours and weekend support will be used as much as possible.
4. Contractor will be available for Routine and Emergency Service Calls as needed on-site and not to exceed within 48 hours of call.
5. Contractor is expected to provide sufficient training to VANTHCS technologist staff for optimal utilization.
6. The infusion system and all vendor supplied equipment/materials follow all federal
NRC/NHPP, FDA, DOT, and industry standards for the safe use and handling, as well as transport of radioactive materials.
7. Downtime is not to exceed 95% or vendor will provide monetary compensation in the form of no cost replacement generator delivery and/or replacement of any malfunctioning equipment/supplies.
8. Software and all other associated updates to all equipment will be made as soon as available.
9. Any subcontractor will be subject to same SOW requirements and all VANTHCS requirements.
Safety Requirements:
In the performance of this contract, the Contractor shall take such safety precautions as the
Contracting Officer may determine to be reasonably necessary to protect the lives and health of occupants of the building. The Contracting Officer shall notify the Contractor of any safety issues and the action necessary to correct these issues. Such notice, when served on the
Contractor or his representative at the work site, shall be deemed sufficient for the corrective actions to be taken. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part of the work and hold the Contractor in default.
Contracting Officer Technical Representatives: Prior to contract award, the Contracting Officer shall designate a VA Medical Center employee as the COR. All work coordination shall be made through the COR. The Contractor shall be provided a copy of the letter of delegation authorizing the COR at the commencement of the term of the contract. No other person shall be authorized to act in such capacity unless appointed in writing by the Contracting Officer.
Information technology security requirements: The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract. The contractor shall comply with all Federal laws and regulations the VA has developed when VA sensitive information is accessed, used, stored, generated, transmitted, or exchanged by and between VA and a contractor. The information made available to the contractor by VA for the performance of this contract will be used only for the purposes of performance under this contract. The certification and accreditation requirements do not apply to this requirement and a security accreditation package is not required.
RECORDS MANAGEMENT STATEMENT
1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR
Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.
2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5
U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.
3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for
Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.
4. [FACILITY] and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of [FACILITY] or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting
Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.
In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to [FACILITY]. The agency must report promptly to NARA in accordance with 36 CFR 1230.
5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from
Government facilities or systems, or facilities or systems operated or maintained on the
Government’s behalf, without the express written permission of the Head of the Contracting
Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to [FACILITY] control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with
Paragraph (4).
6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts.
The Contractor (and any sub-contractor) is required to abide by Government and [FACILITY] guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.
7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with [FACILITY] policy.
8. The Contractor shall not create or maintain any records containing any non-public
[FACILITY] information that are not specifically tied to or authorized by the contract.
9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.
10. The [FACILITY] owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which [FACILITY] shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.
11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training, Talent Management System (TMS) Item #3873736, Records Management for Records Officers and Liaisons. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.
PRIVACY
1. Contractors and any Subcontractors must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996. This includes both the
Privacy and Security Rules published by the Department of Health and Human Services (HHS).
2. As required by HIPAA, HHS has promulgated rules governing the use and disclosure of protected health information by covered entities, Veterans Health Administration (VHA). In accordance with HIPAA, the Contractor may be required to enter into a Business Associate
Agreement (BAA) with VHA.
3. Business associates must follow VHA privacy policies and practices when applicable. All
Contractors and business associates must receive privacy training annually.
4. For Contractors and business associates who do not have access to VHA computer systems, this requirement is met by completing VHA National Privacy Policy training, other VHA approved privacy training or Contractor furnished training that meets the requirements of the
HHS Standards for Privacy of Individually Identifiable Health Information as determined by VHA.
5. For Contractors and business associates who are granted access to VHA computer systems, this requirement is met by completing VHA National Privacy Policy training or other VHA approved privacy training. Proof of training is required upon request.
U. General Security
Contractors, Contractor personnel, Subcontractors, and Subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as
VA and VA personnel regarding information and information system security.
ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS
1. A Contractor/Subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, sub-Contractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.
2. All Contractors, Subcontractors, and third-party servicers and associates working with
VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for Contractors must be in accordance with VA Directive and
Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.
3. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive
Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a
Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security
Clearance must be processed through the Special Security Officer located in the Planning and
National Security Service within the Office of Operations, Security, and Preparedness.
4. Custom software development and outsourced operations must be in the U.S.
to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the Contractor/Subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by
VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.
5. The Contractor or Subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the Contractor or Subcontractor’s employ. The Contracting Officer must also be notified immediately by the Contractor or Subcontractor prior to an unfriendly termination.
VA INFORMATION CUSTODIAL LANGUAGE
1. Information made available to the Contractor or Subcontractor by VA for the performance or administration of this contract or information developed by the Contractor/Subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the Contractor/Subcontractor's rights to use data as described in Rights in Data
- General, FAR 52.227-14(d) (1).
2. VA information should not be co-mingled, if possible, with any other data on the
Contractors/Subcontractor’s information systems or media storage systems in order to ensure
VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the Contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct onsite inspections of Contractor and sub-
Contractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.
3. Prior to termination or completion of this contract, Contractor/Subcontractor must not destroy information received from VA, or gathered/created by the Contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a Contractor/Subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media
Sanitization. Self-certification by the Contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.
4. The Contractor/Subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies.
If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if
NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.
5. The Contractor/Subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on Contractor/Subcontractor electronic storage media for restoration in case any electronic equipment or data used by the Contractor/Subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.
6. If VA determines that the Contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be enough grounds for VA to withhold payment to the Contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.
7. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate
Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.
8. The Contractor/Subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.
9. The Contractor/Subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.
10. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the Contractor/Subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The Contractor/Subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.
11. Notwithstanding the provision above, the Contractor/sub-Contractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus.
If the Contractor/Subcontractor is in receipt of a court order or other requests for the above-mentioned information, that Contractor/Subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.
12. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the
Contractor/sub-Contractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COTR.
GENERAL RULES OF BEHAVIOR
1. Rules of Behavior are part of a comprehensive program to provide complete information security. These rules establish standards of behavior in recognition of the fact that knowledgeable users are the foundation of a successful security program. Users must understand that taking personal responsibility for the security of their computer and the information it contains is an essential part of their job.
2. The following rules apply to all VA Contractors. I agree to:
(a) Follow established procedures for requesting, accessing, and closing user accounts and access. I will not request or obtain access beyond what is normally granted to users or by what is outlined in the contract.
(b) Use only systems, software, databases, and data which I am authorized to use, including any copyright restrictions.
(c) I will not use other equipment (OE) (non-Contractor owned) for the storage, transfer, or processing of VA sensitive information without a VA CIO approved waiver, unless it has been reviewed and approved by local management and is included in the language of the contract. If authorized to use OE IT equipment, I must ensure that the system meets all applicable 6500
Handbook requirements for OE.
(3) Not use my position of trust and access rights to exploit system controls or access information for any reason other than in the performance of the contract.
(4) Not attempt to override or disable security, technical, or management controls unless expressly permitted to do so as an explicit requirement under the contract or at the direction of the COTR or ISO. If I am allowed or required to have a local administrator account on a government-owned computer, that local administrative account does not confer me unrestricted access or use, nor the authority to bypass security or other controls except as expressly permitted by the VA CIO or CIO's designee.
(5) Contractors’ use of systems, information, or sites is strictly limited to fulfill the terms of the contract. I understand no personal use is authorized. I will only use other Federal government information systems as expressly authorized by the terms of those systems. I accept that the restrictions under ethics regulations and criminal law still apply.
(6) Grant access to systems and information only to those who have an official need to know.
(7) Protect passwords from access by other individuals.
(8) Create and change passwords in accordance with VA Handbook 6500 on systems and any devices protecting VA information as well as the rules of behavior and security settings for the system in question.
(9) Protect information and systems from unauthorized disclosure, use, modification, or destruction. I will only use encryption that is FIPS 140-2 validated to safeguard VA sensitive information, both safeguarding VA sensitive information in storage and in transit regarding my access to and use of any information assets or resources associated with my performance of services under the contract terms with the VA.
(10) Follow VA Handbook 6500.1, Electronic Media Sanitization to protect VA information. I will contact the COTR for policies and guidance on complying with this requirement and will follow the COTR's orders.
(11) Ensure that the COTR has previously approved VA information for public dissemination, including e-mail communications outside of the VA as appropriate. I will not make any unauthorized disclosure of any VA sensitive information through the use of any means of communication including but not limited to e-mail, instant messaging, online chat, and web bulletin boards or logs.
(12) Not host, set up, administer, or run an Internet server related to my access to and use of any information assets or resources associated with my performance of services under the contract terms with the VA unless explicitly authorized under the contract or in writing by the
COTR.
(13) Protect government property from theft, destruction, or misuse. I will follow VA directives and handbooks on handling Federal government IT equipment, information, and systems. I will not take VA sensitive information from the workplace without authorization from the COTR.
(14) Only use anti-virus software, antispyware, and firewall/intrusion detection software authorized by VA. I will contact the COTR for policies and guidance on complying with this requirement and will follow the COTR's orders regarding my access to and use of any information assets or resources associated with my performance of services under the contract terms with VA.
(15) Not disable or degrade the standard anti-virus software, antispyware, and/or firewall/intrusion detection software on the computer I use to access and use information assets or resources associated with my performance of services under the contract terms with VA. I will report anti-virus, antispyware, firewall or intrusion detection software errors, or significant alert messages to the COTR.
(16) Understand that restoration of service of any VA system is a concern of all users of the system.
(17) Complete required information security and privacy training, and complete required training for the particular systems to which I require access.
RECORDS MANAGEMENT
(1) Citations to pertinent laws, codes and regulations such as 44 U.S.C Chapter 21, 29, 31 and
33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.
(2) Contractor shall treat all deliverables under the contract as the property of the U.S.
Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.
(3) Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government ‘IT’ equipment and/or Government records.
(4) Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the
Freedom of Information Act.
(5) Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.
(6) The Government Agency owns the rights to all data/records produced as part of this contract.
(7) The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.
(8) Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion
[draft, final, etc.].
(9) No disposition of documents will be allowed without the prior written consent of the
Contracting Officer. The Agency and its Contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.
(10) Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-Contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract.
The Contractor (and any sub-Contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.
Schedule of Supply and Services
Period of Performance: 10/01/2021-9/30/2022
Item
# Description/Part Number – BRAND NAME OR EQUAL Qty
1 Rubidium Rb-82 Generator Brand name or equal 13
2 Infusion System Lease 12
3 Patient Admin Sets 42" (25 sets/box) 13
4 Accessory Pack 3
5 Waste Bottle 1
6 Vented Cap for Waste Bottle 1
7 Elution Test Vials (25 vials) 5
8 Elution Vial Shield ( 1 Vial Shield) 1
9 Thermal Printer Paper (12 rolls per box) 2
10 Delivery Cost 13
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
13.00 EA __________________ __________________
RUBIDIUM RB-82 GENERATOR DELIVERY TO BE DETERMINED
(TBD)
Contract Period: Base POP Begin: 10-01-2021 POP End: 09-30-2022 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: Q527 - Medical - Nuclear Medicine
MANUFACTURER PART NUMBER (MPN): N/A
NATIONAL STOCK NUMBER: N/A
LOCAL STOCK NUMBER: NDC 0270-0091-01
GENERATOR DELIVERY
Contract Period: Base POP Begin: 10-01-2021 POP End: 09-30-2022 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: Q527 - Medical - Nuclear Medicine
MANUFACTURER PART NUMBER (MPN): N/A
LOCAL STOCK NUMBER: N/A
3.00 EA __________________ __________________
ELUTION TEST VIALS (25 VIALS) INCLUDED PER GENERATOR
Contract Period: Base POP Begin: 10-01-2021 POP End: 09-30-2022 PRINCIPAL NAICS CODE: 325412 - Pharmaceutical Preparation Manufacturing PRODUCT/SERVICE CODE: Q527 - Medical - Nuclear Medicine MANUFACTURER PART NUMBER (MPN): None NATIONAL STOCK NUMBER: None LOCAL STOCK NUMBER: None
PATIENT ADMINISTRATION SETS (25 SETS) INCLUDED PER
GENERATOR
Contract Period: Base POP Begin: 10-01-2021 POP End: 09-30-2022 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: Q527 - Medical - Nuclear Medicine MANUFACTURER PART NUMBER (MPN): n/a NATIONAL STOCK NUMBER: n/a LOCAL STOCK NUMBER: n/a
1.00 EA __________________ __________________
INFUSION SYSTEM SWAP OUT FEE. NEW UPDATED SYSTEM
WITH UPDATED TECHNOLOGY-ONE TIME FEE.
IF Applicable
Contract Period: Base POP Begin: 10-01-2021 POP End: 09-30-2022 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: Q527 - Medical - Nuclear Medicine
MANUFACTURER PART NUMBER (MPN): N/A
12.00 EA __________________ __________________
INFUSION SYSTEM LEASE AND SERVICE AGREEMENT (PER
MONTH*12)
Contract Period: Base POP Begin: 10-01-2021 POP End: 09-30-2022 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: Q527 - Medical - Nuclear Medicine
MANUFACTURER PART NUMBER (MPN): N/A
ACCESSORY PACK
Contract Period: Base POP Begin: 10-01-2021 POP End: 09-30-2022 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: Q527 - Medical - Nuclear Medicine
MANUFACTURER PART NUMBER (MPN): N/A
NATIONAL STOCK NUMBER: N/A
2.00 EA __________________ __________________
ELUTION TEST VIALS (25 VIALS) MODEL 1700
Contract Period: Base POP Begin: 10-01-2021 POP End: 09-30-2022 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: Q527 - Medical - Nuclear Medicine
MANUFACTURER PART NUMBER (MPN): N/A
2.00 EA __________________ __________________
THERMAL PRINTER PAPER (12 ROLLS PER BOX)
Contract Period: Base POP Begin: 10-01-2021 POP End: 09-30-2022 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: Q527 - Medical - Nuclear Medicine
MANUFACTURER PART NUMBER (MPN): N/A
ACCESSORIES AND SUPPLY
Contract Period: Base POP Begin: 10-01-2021 POP End: 09-30-2022 PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: Q527 - Medical - Nuclear Medicine MANUFACTURER PART NUMBER (MPN): n/a NATIONAL STOCK NUMBER: n/a LOCAL STOCK NUMBER: n/a
GRAND TOTAL __________________
*NOTE: CLINS MAY BE ADJUSTED BY EACH VENDOR TO ENSURE AN ACCURATE
YEARLY COST FOR ALL EQUIPMENT AND SUPPLIES NEEDED FOR A Rb82 GENERATOR
SET-UP.
B.3 DELIVERY SCHEDULE
ITEM NUMBER QUANTITY
DELIVERY
DATE
0001-
SHIP TO: VA North Texas Health Care System Path and Lab Department 4500 South Lancaster Road Dallas, TX 75216
USA
ALL SEE PRICE
CLINS
MARK
FOR:
Path and Lab Department Sussie DeMello sussie.demello@va.gov
SECTION C - CONTRACT CLAUSES
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/
(End of Clause)
FAR
Number
Title Date
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS
AND REQUIREMENT TO INFORM EMPLOYEES OF
WHISTLEBLOWER RIGHTS
JUN 2020
52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON
POSTCONSUMER FIBER CONTENT PAPER
MAY 2011
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE
MAINTENANCE
AUG 2020
52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
ITEMS
OCT 2018
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL
BUSINESS SUBCONTRACTORS
DEC 2013
52.237-3 CONTINUITY OF SERVICES JAN 1991
C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO
IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS
(JAN 2021) (JUL 2020) (DEVIATION)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or
Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further
Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or
Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L.
115–91).
(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting
Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with
Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C.
3509).
[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment
Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the
American Recovery and Reinvestment Act of 2009.)
[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards
(JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).
[] (5) [Reserved]
[] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).
[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts
(OCT 2016) (Pub. L. 111–117, section 743 of Div. C).
[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).
[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters
(Oct 2018) (41 U.S.C. 2313).
[] (10) [Reserved]
[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15
U.S.C. 657a).
[] (ii) Alternate I (MAR 2020) of 52.219-3.
[X] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business
Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[] (ii) Alternate I (MAR 2020) of 52.219-4.
[] (13) [Reserved]
[] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
[] (ii) Alternate I (MAR 2020) of 52.219-6.
[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
[] (ii) Alternate I (MAR 2020) of 52.219-7.
[X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
[] (17)(i) 52.219–9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).
[] (ii) Alternate I (NOV 2016) of 52.219-9.
[] (iii) Alternate II (NOV 2016) of 52.219-9.
[] (iv) Alternate III (JUN 2020) of 52.219–9.
[] (v) Alternate IV (JUN 2020) of 52.219–9.
[] (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
[] (ii) Alternate I (MAR 2020) of 52.219-13.
[] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).
[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.
637(d)(4)(F)(i)).
[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside
(MAR 2020) (15 U.S.C. 657f).
[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15
U.S.C 632(a)(2)).
[] (ii) Alternate I (MAR 2020) of 52.219-28.
[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically
Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C.
637(m)).
[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small
Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020)
(15 U.S.C. 637(m)).
[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15
U.S.C. 644(r)).
[] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17))
[] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
[] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JUL 2020)
(DEVIATION) (E.O. 13126).
[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).
[] (ii) Alternate I (FEB 1999) of 52.222-26.
[X] (31)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
[] (ii) Alternate I (JULY 2014) of 52.222-35.
[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.
793).
[] (ii) Alternate I (JULY 2014) of 52.222-36.
[X] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
[X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act
(DEC 2010) (E.O. 13496).
[X] (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).
[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
[] (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-
Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential
Hydrofluorocarbons (JUN 2016) (E.O. 13693).
[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and
Air Conditioners (JUN 2016) (E.O. 13693).
[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014)
(E.O.s 13423 and 13514).
[] (ii) Alternate I (OCT 2015) of 52.223-13.
[] (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
[] (ii) Alternate I (JUN 2014) of 52.223-14.
[] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C.
8259b).
[] (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT
2015) (E.O.s 13423 and 13514).
[] (ii) Alternate I (JUN 2014) of 52.223-16.
[X] (44) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving
(JUN 2020) (E.O. 13513).
[] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
[] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).
[] (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
[] (ii) Alternate I (JAN 2017) of 52.224-3.
[] (48) 52.225-1, Buy American—Supplies (JAN 2021) (41 U.S.C. chapter 83).
[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (JUL 2020)
(DEVIATION) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
[] (ii) Alternate II (JUL 2020) (DEVIATION) of 52.225-3.
[] (iii) Alternate III (JUL 2020) (DEVIATION) of 52.225-3.
[] (50) 52.225–5, Trade Agreements (JUL 2020) (DEVIATION) (19 U.S.C. 2501, et seq., 19
U.S.C. 3301 note).
[] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the
Department of the Treasury).
[] (52) 52.225–26, Contractors Performing Private Security Functions Outside the United
States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for
Fiscal Year 2008; 10 U.S.C. 2302 Note).
[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.
5150).
[] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov
2007) (42 U.S.C. 5150).
[] (55) 52.229–12, Tax on Certain Foreign Procurements (JUN 2020).
[] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41
U.S.C. 4505, 10 U.S.C. 2307(f)).
[] (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[X] (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management
(Oct 2018) (31 U.S.C. 3332).
[] (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award
Management (Jul 2013) (31 U.S.C. 3332).
[] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
[] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
[] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.
637(d)(13)).
[] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb
2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
[] (ii) Alternate I (Apr 2003) of 52.247-64.
[] (iii) Alternate II (FEB 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price
Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C.
c…
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